Florida Senate - 2010 CS for SB 2192 By the Committee on Children, Families, and Elder Affairs; and Senator Peaden 586-03226-10 20102192c1 1 A bill to be entitled 2 An act relating to the Developmental Disabilities 3 Savings Program; creating the Services for Children 4 with Developmental Disabilities Task Force; requiring 5 the task force to develop recommendations and a plan 6 for the creation of, and enrollment in, the 7 Developmental Disabilities Savings Program; providing 8 for membership of the task force; requiring the Agency 9 for Persons with Disabilities to provide 10 administrative support to the task force; requiring 11 the task force to submit its plan and recommendations 12 to the Legislature; providing for abolishment of the 13 task force; creating the Developmental Disabilities 14 Savings Program; providing legislative findings and 15 intent; providing definitions; providing requirements 16 for the program; providing requirements that must be 17 met prior to implementation of the program; providing 18 for construction; providing an effective date. 19 20 Be It Enacted by the Legislature of the State of Florida: 21 22 Section 1. Services for Children with Developmental 23 Disabilities Task Force.—The Services for Children with 24 Developmental Disabilities Task Force is created to make 25 recommendations and develop a plan for the creation of, and 26 enrollment in, the Developmental Disabilities Savings Program. 27 (1) The task force shall consist of the following members: 28 (a) A member of the House of Representatives appointed by 29 the Speaker of the House of Representatives. 30 (b) A member of the Senate appointed by the President of 31 the Senate. 32 (c) The director of the Agency for Persons with 33 Disabilities. 34 (d) The director of the Division of Vocational 35 Rehabilitation. 36 (e) The executive director of the State Board of 37 Administration. 38 (f) The Commissioner of Education. 39 (g) The executive director of The Arc of Florida. 40 (h) An Arc of Florida family board member appointed by the 41 executive director of The Arc of Florida. 42 (i) The chair of the Family Care Council Florida. 43 (j) A parent representative from the Family Care Council 44 Florida appointed by the chair of the Family Care Council 45 Florida. 46 (2) The Agency for Persons with Disabilities shall provide 47 administrative support to the task force. 48 (3) Members of the task force shall serve without 49 compensation but are entitled to reimbursement for per diem and 50 travel expenses as provided in s. 112.061, Florida Statutes. 51 (4) The task force shall submit its recommendations and 52 plan to the President of the Senate and the Speaker of the House 53 of Representatives when it has completed its task or April 2, 54 2012, whichever occurs first. 55 (4) The task force shall continue until enrollment in the 56 Developmental Disabilities Savings Program has commenced, at 57 which time the task force is abolished or June 31, 2013, 58 whichever occurs first. 59 Section 2. Developmental Disabilities Savings Program.— 60 (1) LEGISLATIVE INTENT.— 61 (a) The Legislature recognizes the need to provide 62 opportunities for increased access to services, at the 63 discretion of the family, for those families who have children 64 with developmental disabilities. The years after a student who 65 has a developmental disability ages out of the education system 66 are critical for learning and transitioning. The Legislature 67 finds that the creation of a savings program for such families 68 can offer future accessibility to services, regardless of 69 income, insurance, or Medicaid eligibility. 70 (b) It is the intent of the Legislature that a 71 developmental disabilities savings program that includes a 72 contract plan be established through which many of the costs 73 associated with children who have developmental disabilities who 74 age out of the education system may be paid or saved for in 75 advance. It is the intent that a developmental disabilities 76 savings program be conducted in a manner that maximizes program 77 efficiency and effectiveness. 78 (2) DEFINITIONS.—As used in this section, the term: 79 (a) “Contract plan” means the advance payment plan under 80 the Developmental Disabilities Savings Program that provides the 81 opportunity for a purchaser to enter into an advance payment 82 contract to provide funds that a purchaser may use for future or 83 other eligible services for a qualified beneficiary. 84 (b) “Developmental disability” means a disability defined 85 in s. 393.063, Florida Statutes, or a severe, chronic disability 86 that: 87 1. Is attributable to a mental or physical impairment or a 88 combination of those impairments. 89 2. Occurs before the individual reaches 18 years of age. 90 3. Is likely to continue indefinitely. 91 4. Results in substantial functional limitations in three 92 or more of the following areas of major life activity: self 93 care, receptive and expressive language, learning, mobility, 94 self-direction, capacity for independent living, or economic 95 self-sufficiency. 96 5. Reflects the individual’s need for a combination and 97 sequence of special, interdisciplinary, or generic services, 98 individualized supports, or other forms of assistance that are 99 of lifelong or extended duration and are individually planned 100 and coordinated. 101 6. For a child younger than 10 years of age, is likely to 102 meet the criteria in subparagraphs 1.-5. without intervention. 103 (c) “Eligible services” means: 104 1. Specific services that may include respite care, 105 provision of rehabilitation and habilitation services, assistive 106 technology, personal assistance services, counseling, support 107 for families headed by aging caregivers, vehicular and home 108 modifications, and assistance with extraordinary expenses 109 associated with the needs of individuals with developmental 110 disabilities. 111 2. Health-related services that may include medical, 112 dental, mental health, and other human and social services to 113 enhance the well-being of the individual, as well as durable and 114 consumable medical supplies. 115 3. Housing-related services that may result in individuals 116 with developmental disabilities having access to and use of 117 housing and housing supports and services in their communities, 118 including assistance related to renting, owning, or modifying an 119 apartment or home. 120 4. Education-related services such as attendance in a 121 training or educational setting, technology, and personnel 122 related services that assist in obtaining and maximizing the 123 educational experience. 124 5. Employment-related services that are necessary to assist 125 the individual in meeting essential job functions through 126 technology, personnel-related expenses, and transportation 127 expenses. 128 (d) “Internal Revenue Code” means the Internal Revenue Code 129 of 1986, as defined in s. 220.03, Florida Statutes, and 130 regulations adopted thereunder. 131 (e) “Purchaser” means a parent or grandparent who is a 132 resident of the state who makes or is obligated to make advance 133 payments for eligible services in accordance with a contract 134 plan for his or her child or grandchild or a nonresident, 135 noncustodial parent who makes or is obligated to make advance 136 payments for eligible services in accordance with a contract 137 plan for his or her child. 138 (f) “Qualified beneficiary” means a person with a 139 developmental disability who is a resident of the state and who 140 is under 22 years of age at the time a purchaser enters into an 141 advance payment contract. 142 (g) “Savings program” means the Developmental Disabilities 143 Savings Program. 144 (3) SAVINGS PROGRAM.—the Developmental Disabilities Savings 145 Program is created. The program must: 146 (a) The savings program shall provide a contract plan 147 through which eligible services for individuals with 148 developmental disabilities may be paid in advance. 149 (b) The program shall provide education and training 150 concerning the savings program and its benefits for individuals 151 who have developmental disabilities to advance their goals and 152 become contributing members of society. 153 (c) Inform the purchaser of the potential effect of advance 154 payment contracts offered under the savings program on 155 eligibility for Medicaid or other state or federally funded 156 programs. 157 (4) IMPLEMENTATION.—The savings program may not be 158 implemented until it has obtained all of the following: 159 (a) A written opinion of qualified counsel specializing in 160 federal securities law that the savings program and the offering 161 of participation in the savings program does not violate federal 162 securities law. 163 (b) A private letter ruling from the Internal Revenue 164 Service, indicating that moneys deposited according to contract 165 plans and payments made according to the contract plan pursuant 166 to the savings program are tax deferred under the Internal 167 Revenue Code. If the Internal Revenue Service declines to rule 168 on the request, the program may rely on legal opinion rendered 169 by a qualified attorney specializing in tax law. 170 (5) CONSTRUCTION.—The savings program may not be construed 171 as a promise or guarantee that a qualified beneficiary or a 172 designated beneficiary will become Medicaid eligible, receive 173 permanent services, be enrolled in the Medicaid waiver program, 174 or receive any other state or federal assistance. 175 Section 3. This act shall take effect July 1, 2010.